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Award No. 15584
Docket No. TE-15933
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Daniel House, Referee
PARTIES TO DISPUTE:
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
CHICAGO GREAT WESTERN RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of the
Transportation-Communication Employees Union on the Chicago Great Western Railway, that:
1. Carrier violated the Agreement between the parties when on
April 11, 18 and May 9, 1964, it required or permitted the Section
Foreman at Sheridan, Missouri to handle lineup for himself.
2. Because of these violations Carrier shall compensate H. 1.
Dunn, Agent-Telegrapher at Sheridan, Missouri, in the amount of a
call for each day, April 11, 18 and May 9, 1964.
EMPLOYES' STATEMENT OF
FACTS: The Agreement between the
parties, effective June 1, 1948 (reprinted May 1, 1958), as amended and
supplemented, is available to your Board and by this reference is made a
part hereof.
Sheridan, Missouri is a one-man station. The position at Sheridan is
classified Agent-Telegrapher. The assigned hours of the position are 8:00
A. M. to 5:00 P. M. (one hour for meal), Monday through Friday. The rest
days are Saturday and Sunday, on which days the station is closed, except
for service on a call basis as required. 11. 1. Dunn is the regularly assigned
Agent-Telegrapher at Sheridan.
There is a section gang headquartered at Sheridan which works full
days Monday through Friday, and at time of claim, part time on Saturday
to patrol track. It is the duty of the Agent-Telegrapher at Sheridan (as well
as at all other stations where section gangs are headquartered), and the
Agent-Telegrapher regularly handles lineup for the Section Foreman at ail
times requirement of lineup arises, which is at least once each day that the
section gang works.
Prior to April 11, 1964 (a Saturday), the Agent-Telegrapher at Sheridan
(Claimant H. I. Dunn) worked a call each Saturday to handle lineup for the
Section Foreman. However, on April 11, 18 and May 9, 1964 (Claimant handled
The
Organization is
not attempting to deceive either you or the
Adjustment Board. Rather, our case is based on the facts coupled
with the governing rules of the Agreement.
OPINION OF BOARD:
The record in this case is not significantly
different from that in Award No. 15583. Our decision will be the same.
FINDINGS: The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act,
as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was not violated.
AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 26th day of May 1967.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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